Greene County, NC - Pope & Murphey vs Lovick, 1829 ~~~~~~~~~~ 1462 – POPE AND MURPHEY vs LOVICK 1829 – GREENE COUNTY NC Supreme Court Case found at the NC Archives, Raleigh, NC Jesse Murphey, William Pope vs George P. Lovick In Equity – William Pope adm of Jesse Murphey dec, Bennet Murphey, Willis Murphey, Simon Parrott and Brambly his wife of Lenoir Co, Thomas House and Louisa his wife, Calvin Musgrove and wife, Martha Murphey – vs George P. Lovick NOTE: There is no mention in the case of the relationship of Calvin Musgrove and his wife Jesse Murphy died 1826 Complaint of Jesse Murphy by William Pope his guardian vs George P. Lovick Jesse Murphy from his birth has been weak of mind and incapable of conducting ordinary business of life and can be mislead and imposed on – habitual intoxication has made him incapable of managing his affairs – Jesse possessed a small property from his father which he might hope for substance during his life and upon his decease should descend and be distributed as to the wisdom of the laws of the State – in Feb 1825 George P. Lovick of Greene Co, a retailer of spirits and liquor, in the design to defraud Jesse of the little property he had, provided a deed to be drawn, sized a fit moment and obtained a deed to be executed on 12 Feb 1825 which for $1 left the land to Lovick plus 6 Negroes after his dec – sd land and Negroes worth at least $5000 but Lovick paid nothing for them – Lovick took advantage by gaining his confidence and getting him intoxicated – he is of no kin – in 1825 a jury declared sd Jesse incompetent of managing his affairs and appointed a guardian, the said William Pope – efforts were made to get Lovick to renouce the deed but he refused – we think Lovick defrauded Jesse of his property and we wish to have the deed considered fraud Sole and proper heirs should be Bennett, Willis and Martha Murphy, Thomas House and wife Louisa, Simon Parrott and wife Brambly William Pope was appointed guardian at May Term 1825 Answer of George P. Lovick def to the Bill of Complaint of Jesse Murphey by William Pope his guardian – 13 Oct 1826 Lovick does not believe Jesse Murphey has from his birth been of weak mind wanting capacity to carry on the ordinary business of life and easy to be mislead and imposed on nor habitually intoxicated – def believes Murphey has always been of ordinary mind able to carry on his business although he has been frequently drunk on public occasions but he is not a habitual drunkard – he has manifested good sense, skill and judgement in managing his affairs – Lovick stated that Murphey had previously been involved in a controversy with John Parrott of Lenoir Co and during that controversy often consulted with Lovick knowing that Lovick was more familiar with business than he was – Lovick gave advice and counsel and put himself to some inconvenience to do so which Murphey appreciated – after the controversy was successfully concluded, Murphy, who was unmarried, resolved never to marry having no father or mother nor any near relations except half brothers and sisters with whom he was displeased - he contracted an intimacy and fondness for this def (Lovick) and planned after his death to leave his land and 6 Negro slaves to sd def and executed a deed to that purpose – this def showed it to counsel and was told there were informalities in it that might render its validity questionable and this def made known this information to sd Jesse who planned on redoing the deed – the deed was put into the hands of John H. Bryan, Esq to rewrite, which he did – the deed was executed on 12 Feb 1825 and Jesse was sober and of sound mind with two witnesses of the highest integrity and it was executed in the morning – the def does not know the value of the property conveyed by Jesse but assumed it was worth about $4000 – the friendship continued after the execution of the deed and Jesse continued to purchase items at the def's store including spirits and he was charged for them on the books – the last time Jesse purchased spirits that were charged on the book before the execution of the deed was for a half pint of brandy on 13 June 1824 and the only charge after the execution was for a half pint of rum on 7 Feb 1826 – def does not remember giving any spirits to Jesse as a gift but Jesse did sometimes visit the home of the def where he was sometimes served spirits as any visitor would be – the def states that Jesse was sober after the deed was executed but he does think Jesse bought a small quantity of wine from the store of Charles Harper - def thinks this bill is by William Pope and some of Jesse's dissatisfied relatives and they want the jurors to think Jesse was an idiot – the def has also been told that William Pope is to receive consideration of money and part of the property if the deed can be set aside – def objects to the appointment of Pope as the guardian of Jesse up to his death which was 16 Sept 1820 and during that time managed his own property – the pretended guardian to the pretended idiot, William Pope, never took possession or management of Jesse's property – this def before the death of Jesse offered to have Jesse re write the deed taking into consideration his relations but Jesse refused Wm. Gaston attorney for the Def ******* INDENTURE – 12 Feb 1825 – Jesse Murphey of Greene to George P. Lovick - $1.00 – the whole of my land being the land allotted to me in the division of my father, Jethro Murphey dec – being the place the said Jethro and his then widow after his dec formerly lived – also the Negro slaves now in my possession – Tony, Rachel, Jasper, Grace, Mary and Isaac and their increase – Jesse to retain a life estate WIT: Moses Westbrook, Blaney Band DEPOSITIONS Richard Hill Senr – knew Jesse since his birth and did not believe him an idiot – did not see him often and was never at his house after the death of his step mother at which time I was an old man – Lovick owes me money which I never expected to collect on even if he gets the property James G. Sheppard – knew Jesse about 23 years and as merchant and farmer thought him capable of managing his own affairs – Bennett Murphey asked me to be a wit for the plf or on a jury and I told him not to call me because I didn't think Jesse was an idiot – I saw Jesse at Mrs. Pope's after the guardian had been appointed and he was angry about it and said they would never have his property – Jesse did drink too much but more so after the death of his father – Jethro was the father of Jesse and his grandfather was a House and "the legal title of several of Jethro's Negros were vested in Jesse by his Grandfather House's will"– Jesse's mind was a little weak – 15 or 20 years ago during the lifetime of his father, Jesse offering the Negros to merchants at a trifing price – Sheppard said that one day Jesse told him he had given Parrott a deed for his property and he wanted it back and wanted me to get it and I told him I would have nothing to do with his family business NOTE: Both Francis Hodges and I read the surname of the Grandfather as House Mrs. Rhoda Holliday – Lovick was once at her house sick and Jesse came to visit – Jesse said Bennett Murphrey had hit him with a gun and had shot his Negro Jasper – I knew Jethro (sic) about 20 years and intimately acquainted with him for 8 or 10 years and I consider him capable of taking care of his own business – had no dealings with Jethro (sic) after the death of his mother in law – had seen Jesse drunk on several occasions NOTE: A little unclear if talking about Jethro or his son Jesse Mudy Aswell – thought Jesse capable of running his own affairs – bought corn of him – before a guardian was appointed he told me he was afraid to spend his own money for drink when his brothers were around and after the guardian was appointed he told me he did not want any of his siblings to heir a cent and wanted Mr. Lovick to have it Signed by mark John Aswell – had a small acquaintance with Jesse and thought him capable of dealing with his own business – heard him say he wanted Lovick to have his land and not his siblings Jonathan Wood – knew Jesse for 2 years before his death and Jesse had dealing with Wood's store in Snow Hill and Wood always found him competetent in his dealings – only knew him from the store and hiring a Negro to go to New Bern Elizabeth last name could be Arnell or Aswell – thought Jesse to be capable of managing his own affairs – I stopped by his house once and he asked me to go to the smoke house with him where he showed me his meat – he said they have been searching his house and the reason was because he had given his property to Mr Lovick and I asked him if that was correct and he said yes but after his death - I asked him if he was drunk when he conveyed the deed and he said no but he got lively afterward – I asked him why he did not think of me because I was poor and needy and he said he did not think of anyone else as this was the way he wanted to do it – I asked why he did not give it to his brothers and sisters and he said he had none – I knew he had half brothers and sisters – I did not know he had a guardian – I was not directed by anyone to have this conversation with him – I do not think he was as bright as some people but capable of taking care of his living – I did not know how he managed his concerns about the farm as I was only there once after the death of his step mother She signed by mark Moses Westbook – I was in the store of Lovicks in Snow Hill the day the sd deed was executed – Murphey and Lovick went into the counting room and asked me to join them later – they asked me to read the deed and explain to Jesse what it meant and I did so – Lovick asked Jesse if he still wanted to sign the deed and he said yes and asked me for a pen – Lovick told Jesse if he had any doubts not to sign it - Lovick called in Mrs. Mary Brand and I handed Jesse the pen but he said he could not write his name – Mr. Lovick asked me to write down his name so Jesse could copy it which he did – Mrs. Brand and I were the wit – after the deed was signed Mr. Lovick asked Jesse if he wanted some wine and he said yes and Lovick asked me to go to C. Harper's store to get some which I did and they both drank all of it – I believed him to be a man capable of acting for himself and he was as tight with trade as any person I have sold goods to – I was clerk to Mr. Lovick at the time of the signing of the deed – Lovick and Jesse were very friendly and he did go to his house on occasion but was not treated any better at the store than anyone else – Jesse did tend to drink too much – in answer to the question about Jesse's Negros waiting on Lovick before his death, Westbrook said yes but no more than any other of the Negroes of neighbors – Jesse did send some of his Negroes, Toney and Jasper, over to trade without orders and instructed Lovick to let them get whatever they wanted - no other person while I clerked for Lovick allowed their Negroes to trade without a written order – Jesse told me if the Negroes brought cotton and corn to pay them for it – don't recollect that Harper said we must have someone at the store who liked to drink when I went to get the wine and I only recall going once Lewis Harrell – had known Jesse since childhood and found him capable of managing his own business but I have not been a resident of this county for the past 7 years – I have bought 3 or 4 gallons of brandy of him and he expected to be paid right away – in answer to the question did he ever offer to give you his property Harrell said Jesse offered to give it to his daughter if I would let him marry her – Jesse's father was living with him when he made this offer – this property was not Jesse's as his father and brothers and sisters were all living together at the time Richard Wooten – never had any conversation with Jesse regarding the disposal of his property – he did tell me his brothers treated him ill but he did not say exactly how they mistreated him – I considered him capable of taking care of his business and never heard anyone say he wasn't until he deeded his property to Lovick – he was subject to drink Henry S. Taylor – had known Jesse about 15 years – I received his taxes and once bought two bushels of rye from him – always found him strict and correct in any demands against him except the last two years I was sheriff – he sent word he was sick and to call on him to receive them (sic) but I didn't and he died without paying the two last years tax that was due to me – eighteen twenty four & five – I do not consider him a man of good common sense but of common sense capable of transacting his own affairs – William Williams and I were appoint to examine the jury box but don't recall seeing his name and I don't recollect telling Mr. Williams to pull his name because he was a man too weak to serve as a juror and I don't consider him capable of serving on a jury Zachariah Elliott – knew Jesse before his father's death but had no dealings with him before that time – I did after his father's death – he had a mare and put her to my horse about the time the season of the horse was out – he said he did not have the money to pay me for the season of the horse that day but would pay me in a couple of days and he did – had other trades with him and he was always correct – he told me his sister Martha would live with him until he died and he would give her all he had and he said he had offered the same to Willis if he would stay with him and take care of his property but Willis said he had enough and did not need the property but I didn't hear him say anything about Lovick – Elliott was asked to related the conversation he had with Bennett Murphrey respecting the jury when they had a guardian appointed for Jesse – he said he told Bennett Jesse was capable of managing his own affairs Elliott signed with a mark William Elliott – knew Jesse for 13 or 14 years and thought him capable of managing his own affairs – he did tell me after the death of his mother that he wanted Lovick to have his property – Sally Croom – knew Jesse 10 or 12 years and lived about 2 miles from him and visited often – did not think him capable of handling his affairs – he was older than I was Charles Harper – remember the day of the signing of the deed – also Lovick told me he was appointed special guardian to Jesse and tried to get Parrott to give up his right to Jesse's property as Parrott got him drunk to get the deed William Williams – he first acquainted with Jesse in 1814 – lived with Jesse's father, Jethro in 1814 and 1815 and he visited the house after that Catherine Porter – knew Jesse well as was raised ½ mile from him – known him 30 years – always appeared foolish and ignorant to most of the neighbors – thought he needed a guardian – understood that George P. Lovick md the daughter of Rhoda Holiday (alias) Rhoda Carr – Jesse drank a lot Celia Mozingo – Jethro was father of Jesse and came to my house and in conversation my husband asked him how Jesse was likely to make out and Jethro replied that Jesse was like his uncle Elisha, ignorant – he was sorry for it and did not know what would become of him Signed her name Selah Josiah Sugg – knew Jesse since he was an infant and always considered him weak of intellect – I went to buy some sows and pigs of him and he was so weak I left without making him an offer James House – knew him a long time but rarely visited his house – saw him in Snow Hill a lot and he seems to be fond of my company but I could not understand half of what he said – subject to drinking and had a weak mind Lewis G. Haywood – about 1809, 10 and 11 he was acquainted with Jesse – son of Jethro – I did not consider him capable of dealing with his property – while drunk he offered me his property and he was frequently intoxicated in Snow Hill – Jesse said he had a Negro woman and some children given to him by his grandfather or mother, I forget which Benjamin Parrott Jr – between 1821 and 1823 I was at my father's as was Jesse – Jesse said he wanted to do something for John Parrott and he wanted to give him his property – the next summer I was called to wit a deed from Jesse to John Parrott – it was early in the morning and he was perfectly sober Charles I?? Bingham - said he was acquainted with Jesse in 1819, 20, 21 and part of 22 and was frequently in his company and didn't think Jesse was capable of handling his affairs as he was frequently intoxicated – said he heard Jesse say several times he intended to give his property to Willis Murphy and sometimes he said to his sister Martha, he would give Bennett something and sometimes he said he would give everything to Bennett – thought Jesse should have a guardian William Williams – saw Jesse at his house shortly after the deed to Lovick – I asked him why he did it and he said he hadn't as far as he knew – then he said he did because he owed him so much – said he owed him $70 – I said I would have loaned him the money so he didn't have to give away his land – he then said he would like his sisters Louisa and Martha to have some of his land – he contradicted himself several times – I was about 15 years old in 1815 or 16 – I considered him weak in mind Benjamin Parrott Senr – knew Jesse 19 or 20 years ago and considered him an idiot – I also was a wit to the deed from Jesse to John Parrott for some Negroes – wanted to wait on giving him the land John Askew – knew Jesse in 1814 and thought he was weak in mind and should have a guardian after the death of his stepmother – didn't have any property of his own until her death Joseph Ellis – knew Jesse about 4 years and thought he needed a guardian Henry Edwards – one time was going to Snow Hill and the creek was high and I met Jesse returning home and he invited me to his house – he said that Simon Parrott held a claim for his property and he asked Lovick to help recover his property – he owed Lovick $20 Eli Craft – often went to help Jesse on Sat night and one Sun he said he was going to get his papers back from Lovick and bury them in his hearth – he was sick in Aug 1825 and stayed delirious until his death – he was frequently intoxicated John Harrell – said that Jesse told him that Lovick got him drunk at his house in Snow Hill and he assigned Lovick his papers and then tried to get them back – I lived about ½ mile from Jesse – said the Negroes managed the land and they often drank with him in his house on Sunday – did not think he could manage his own affairs John Grimsley – knew Jesse from my earliest years – did not think him capable of managing his affairs Hillary Taylor – knew Jesse and didn't think him capable of being honest or running his affairs Blany Brand – I was here one day and Mr. Lovick asked me to go into his back room and Moses Westbrook and Jesse Murphy were in the room – Lovick read the deed and asked him if he wanted to sign it – he went to sign the deed and could not write so Westbrook wrote the name down and Jesse copied it – no money paid at that time but some wine was drunk – did not think Jesse could take care of himself – Lovick told me that Jesse had given John Parrott a deed for his land and if Lovick could get it back he would give it to him John Rasbury – saw Jesse lying on the bridge across the creek very drunk – I called Bennett and he had a Negro come and take him home – did not think he was as bright as some men Sarah Whitley – known Jesse since he was a boy and think he was capable of handing his affairs in his later years – knew he was in the care of his father, stepmother and brothers David Scarborough - knew Jesse since his infancy and never thought him to be of good understanding – have often seen him drunk Isaac Ward – I bought a man of him in March 1825 and asked if he had a claim on the property and he said he had given Parrott a right but had taken it back - he offered to sell me his property several times Henry Dail - knew him and worked for him – Jesse said that Lovick had a right to his property but he does not know how Lovick got that right – said Jesse frequently drunk Richard H. F. Hughes –knew Jesse as long as I could remember – often drunk especially in Snow Hill ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble - 58marble@suddenlink.net ______________________________________________________________________